MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Elections
By: Senator(s) England
AN ACT TO AMEND SECTION 23-15-911, MISSISSIPPI CODE OF 1972, TO ALLOW ALL MATERIALS TO BE EXAMINED BY A CANDIDATE OR THEIR REPRESENTATIVE DURING AN ELECTION CONTEST; TO AMEND SECTION 23-15-921, MISSISSIPPI CODE OF 1972, TO AMEND THE PETITION FILING PROCESS FOR CONTESTED ELECTIONS; TO REPEAL SECTIONS 23-15-927, 23-15-929, 23-15-935, AND 23-15-953, MISSISSIPPI CODE OF 1972; TO AMEND SECTION 23-15-933, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT ALL THE COMMISSIONERS IN ATTENDANCE MUST CONCUR TO THE FINDING OF FACTS FOR THE ELECTION CONTEST TO BE ELIGIBLE FOR APPELLATE REVIEW; TO AMEND SECTION 23-15-937, MISSISSIPPI CODE OF 1972, TO REQUIRE ELECTION CONTESTS TO PRIMARY AND RUNOFF ELECTIONS TO HAVE JUDGEMENTS RENDERED AS EXPEDITIOUSLY AS POSSIBLE; TO AMEND SECTION 23-15-939, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROVISION ALLOWING ELECTION COMMISSIONERS TO BE COMPENSATED FOR THEIR SERVICES RENDERED DURING AN ELECTION CONTEST; TO AMEND SECTION 23-15-941, MISSISSIPPI CODE OF 1972, TO APPLY THE CRIMINAL OFFENSE PROVISIONS OF THIS SECTION TO ALL ELECTIONS; TO AMEND SECTION 23-15-955, MISSISSIPPI CODE OF 1972, TO APPLY THE PROCEEDING PROVISIONS OF THIS SECTION TO SPECIAL AND GENERAL ELECTION CONTESTS; TO BRING FORWARD SECTION 23-15-957, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 23-15-961, MISSISSIPPI CODE OF 1972, TO AMEND THE TIMELINE FOR CONTESTING QUALIFICATIONS OF CANDIDATES FOR ELECTIONS; TO AMEND SECTION 23-15-963, MISSISSIPPI CODE OF 1972, TO ALLOW GENERAL ELECTION CONTESTS TO BE FILED WITH THE ELECTION COMMISSION FOR WHICH THE EXECUTIVE COMMITTEE HAS FILED NOTICE OF A PARTY NOMINATED CANDIDATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-911, Mississippi Code of 1972, is amended as follows:
23-15-911. (1) (a) When
the returns for a box and the contents of the ballot box and the conduct of the
election have been canvassed and reviewed by the county election commission in
the case of general elections or the county executive committee in the case of
primary elections, all the contents of the box required to be placed and sealed
in the ballot box by the poll managers shall be replaced therein by the
election commission or executive committee, as the case may be, and the box shall
be forthwith resealed and delivered to the circuit clerk, who shall safely keep
and secure the same against any tampering. At any time within twelve (12) business
days after the * * * certification
of the election results by the election commission or executive committee,
as the case may be, any candidate or his or her representative authorized in
writing by him or her shall have the right of full examination of the box and
its contents and any other material used in the conduct of the election upon
three (3) days' notice of his or her application therefor served upon the opposing
candidates. The service of notice shall be provided to each opposing candidate
by delivering a copy personally to each candidate, or by performing two (2) of
the following:
(i) By leaving a
copy at each candidate's usual place of residence with a family member, who
shall be no less than sixteen (16) years of age, and * * * who resides in the candidate's residence;
(ii) By email or other electronic means, with receipt deemed upon transmission; or
(iii) By mailing a copy of the notice by registered or certified mail that is addressed to each opposing candidate at that candidate's residence with a receipt deemed mailing.
(b) If service of notice cannot be made to any opposing candidate, then notice may be posted on the door of each candidate's usual place of abode. If any candidate's usual place of residence is a multifamily dwelling, a copy of the notice must be mailed to the candidate or candidates by United States first-class mail, postage prepaid, with a return receipt requested. Proof of service of notice upon any opposing candidate shall be made to the circuit clerk within three (3) days before a full examination of the ballot box may be conducted.
(c) The examination shall be conducted in the presence of the circuit clerk or his or her deputy who shall be charged with the duty to see that none of the contents of the box are removed from the presence of the clerk or in any way tampered with. All materials shall be subject to examination without redaction. Materials may be copied, scanned or photographed during the examination at the expense of the candidate, or his or her representative, but any material copied that contains a social security number or birthdate must be redacted prior to being copied. Upon the completion of the examination, the box shall be resealed with all its original contents inside. And if any contest or complaint before the court shall arise over the box, it shall be kept intact and sealed until the court hearing, and another ballot box, if necessary, shall be furnished for the precinct involved.
(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case of an election contest regarding the seat of a member of the State Legislature. In such a case, the results of the examination shall be reported by the applicable circuit clerk to the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.
SECTION 2. Section 23-15-921, Mississippi Code of 1972, is amended as follows:
23-15-921. Except as
otherwise provided by Section 23-15-961, a person desiring to contest the election
of another person or persons returned as a candidate for nomination in
a party's runoff election, or returned as the nominee of the party, or contesting * * * the election of another person returned as elected
to any office, may, within twenty (20) days after the * * * election, file a petition * * * in the office
of the clerk of the circuit court of the county in which the irregularities are
charged to have occurred, or, if more than one (1) county is involved, then in one
(1) of the counties, setting forth the grounds upon which the * * * election is contested * * *. * * * When such a petition is filed, the
circuit clerk shall immediately notify, by registered letter, telegraph or personally
the Chief Justice of the Supreme Court, or in his or her absence or disability,
another Justice of the Supreme Court, who shall forthwith designate and notify a
retired judge of senior status of a district other than that which embraces the
district, subdistrict, county or any of the counties involved in the contest or
complaint that has been filed, to hear and determine the contest or complaint. The
circuit clerk shall also cause a copy of such petition to be served upon the contestee,
which shall serve as notice to the contestee. It shall be the official duty of
the trial judge to proceed to discharge the duty of hearing the contest at the earliest
possible date. The date of the contest shall be fixed by the trial judge and of
which the contestant and contestee shall have reasonable notice to be served upon
them in a reasonable manner as the presiding judge may direct. When the contestee
is served, such contestee shall properly file his or her answer and cross-complaint,
if the contestee has one (1) to offer. In the case that the election of the district
attorney or other state district election is contested, the petition may be filed
in any county of the district or in any county of an adjoining district.
A person desiring to contest the election of another person returned as elected to any seat in the Mississippi Legislature shall comply with the provisions of Section 23-15-955. A person desiring to contest the qualifications of a candidate for nomination shall comply with the provisions of Section 23-15-961.
SECTION 3. Section 23-15-927, Mississippi Code of 1972, which provides the procedure for judicial review when the executive committee fails to promptly provide relief for an election contest, is repealed.
SECTION 4. Section 23-15-929, Mississippi Code of 1972, which provides the procedure for designating a judge to hear an election contest and the duties of said judge, is repealed.
SECTION 5. Section 23-15-933, Mississippi Code of 1972, is amended as follows:
23-15-933. The contestant
or contestee, or both, may file an appeal in the Supreme Court within the time
and under such conditions and procedures as are established by the Supreme Court
for other appeals. * * *
SECTION 6. Section 23-15-935, Mississippi Code of 1972, which provides a trial judge with the power to compel the attendance of election commissioners to an election contest hearing, is repealed.
SECTION 7. Section 23-15-937, Mississippi Code of 1972, is amended as follows:
23-15-937. If more than one
(1) county is involved in a contest or complaint, the judge shall have the
authority to transfer the hearing to a more convenient county within the
district, if the contest or complaint involves a district office, or within the
state if the contest or complaint involves a state office; or the judge may
proceed to any county or counties in which the facts complained of are charged
to have transpired, and there hear the evidence and make a finding of facts
relating to that county and any convenient neighboring county or counties, but,
in any event, if possible with due diligence to do so, the hearing must be
completed and final judgment rendered * * *
as expeditiously as reasonably possible so that the resolution of the contest
can provide for a timely resolution of any resulting elections. When any
judge lawfully designated to hear a contest or complaint shall not promptly and
diligently proceed with the hearing and final determination of the contest or
complaint, he or she shall be guilty of a high misdemeanor in office
unless excused by actual illness, or by an equivalent excuse. In the case of
a party primary or runoff election, when no final decision has been made by
the time the official ballots are required to be printed, the name of the candidates
for a runoff or the nominee declared by the party executive committee shall
be printed on the official ballots * * *, but the contest or complaint
shall not thereby be dismissed but the cause shall nevertheless proceed to
final judgment and if the judgment is in favor of the contestant, the election
of the contestee shall thereby be vacated and the Governor, or the Lieutenant
Governor, in case the Governor is a party to the contest, shall call a special
election for the office or offices involved. If the contestee has already
entered upon the term he or she shall vacate the office upon the
qualification of the person elected at the special election, and may be removed
by quo warranto if he or she fail so to do.
SECTION 8. Section 23-15-939, Mississippi Code of 1972, is amended as follows:
23-15-939. The reasonable
traveling expenses of the judge or chancellor shall be paid by order of the board
of supervisors of the county or counties in which a contest or complaint is
heard, upon an itemized certificate thereof by the judge or chancellor. * * *
SECTION 9. Section 23-15-941, Mississippi Code of 1972, is amended as follows:
23-15-941. If upon the
hearing of an * * * election contest or complaint, * * * it shall
distinctly appear to the trial judge that any person, including a candidate or
election officer, has willfully and corruptly violated any * * * election statute and such violation is
by said statute made a criminal offense, whether a misdemeanor or a felony, it
shall be the duty of the trial judge to issue immediately his or her warrant
for the arrest of the guilty party, reciting in his or her order
therefor, in brief, the grounds or causes for the arrest. Such warrant and a
certified copy of the order shall be forthwith placed in the hands of the
sheriff of the county wherein the offense occurred, and the sheriff shall at
once, upon receipt of the warrant, arrest the party and commit him or her
to prison, unless and until the party * * * gives bond in the sum of Five
Hundred Dollars ($500.00) with two (2) or more good and sufficient sureties conditioned
for his or her appearance at the next term of the circuit court,
and from term to term until discharged by law. When the arrest has been made
and the bond, if any, given, the sheriff shall deliver all the papers therein
with his or her return thereon to the circuit clerk who shall file, and
thereafter personally deliver, the same to the foreman of the next grand jury.
SECTION 10. Section 23-15-953, Mississippi Code of 1972, which provides proceedings with respect to petitions filed more than forty (40) days before the term of the next circuit court after the contested election, is repealed.
SECTION 11. Section 23-15-955, Mississippi Code of 1972, is amended as follows:
23-15-955. Except as
otherwise provided by Section 23-15-961, the person contesting the seat of any
member of the Senate or House of Representatives shall comply with the
provisions of this section. Section 38, Mississippi Constitution of 1890,
provides that each house of the Mississippi State Legislature shall judge the
qualifications, return and election of its membership. Pursuant to that
authority, the House of Representatives shall have exclusive jurisdiction over * * * a general or special election
contest regarding the seat of any member of the House of Representatives, and
the Senate shall have exclusive jurisdiction over * * * a general or special election
contest regarding the seat of any member of the Senate. An election contest
regarding the seat of a member of the House of Representatives or the Senate
shall be filed with the Clerk of the House or the Secretary of the Senate, as
the case may be, within thirty (30) days after a regular general election or
ten (10) days after a special election to fill a vacancy. The legislative
resolution of the election contest shall be conducted in accordance with
procedures and precedents established by the House of Representatives or the
Senate, as the case may be. Such procedures and precedents may be found in the
Journals of the House of Representatives and of the State Senate and/or in the
published Rules of the House of Representatives and of the State Senate.
SECTION 12. Section 23-15-957, Mississippi Code of 1972, is brought forward as follows:
23-15-957. Each house of the Legislature, the Clerk of the House of Representatives, the Secretary of the Senate, or any committee appointed to investigate the facts concerning the election or qualifications of any member or persons claimed to be such, shall have power to issue subpoenas and compel the attendance of witnesses and the production of such documents or papers as may be required. In addition, the clerk or the secretary, as the case may be, shall have the authority to enforce any subpoena issued by him or her and to enforce compliance with the time limitations set forth in Section 23-15-955 or in any internal procedure or precedent of the respective house of the State Legislature.
SECTION 13. Section 23-15-961, Mississippi Code of 1972, is amended as follows:
23-15-961. (1) Any person desiring to contest the qualifications of another person as a candidate for nomination in a political party primary election shall file a petition specifically setting forth the grounds of the challenge within ten (10) days after the qualifying deadline for the office in question. The petition shall be filed with the executive committee with whom the candidate in question qualified.
(2) Within * * * fifteen (15) days of receipt
of the petition described in subsection (1) of this section, the appropriate
executive committee shall meet and rule upon the petition. At least two (2)
days before the hearing to consider the petition, the appropriate executive
committee shall give notice to both the petitioner and the contested candidate
of the time and place of the hearing on the petition. Each party shall be
given an opportunity to be heard at that meeting and present evidence in
support of his or her position.
(3) If the appropriate executive committee fails to rule upon the petition within the time required in subsection (2) of this section, that inaction shall be interpreted as a denial of the request for relief contained in the petition.
(4) Any party aggrieved by
the action or inaction of the appropriate executive committee may file a petition
for judicial review to the circuit court of the county in which the executive
committee whose decision is being reviewed sits. The petition must be filed no
later than * * *
twenty (20) days after the date the petition was originally filed with
the appropriate executive committee. The person filing for judicial review
shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two
(2) or more sufficient sureties conditioned to pay all costs in case his or her
petition be dismissed, and an additional bond may be required, by the court, if
necessary, at any subsequent stage of the proceedings.
(5) Upon the filing of the petition and bond, the circuit clerk shall immediately, by registered letter or by telegraph or by telephone, or personally, notify the Chief Justice of the Supreme Court, or in his or her absence, or disability, some other judge of the Supreme Court, who shall forthwith designate and notify a circuit judge or retired judge on senior status of a district other than that which embraces the district, subdistrict, county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint. It shall be the official duty of the trial judge to proceed to the discharge of the designated duty at the earliest possible date to be fixed by the judge and of which the contestant and contestee shall have reasonable notice. The contestant and contestee are to be served in a reasonable manner as the judge may direct, in response to which notice the contestee shall promptly file his or her answer, and also his or her cross-complaint if he or she has a cross-complaint. The hearing before the trial court shall be de novo. The matter shall be tried to the trial judge, without a jury. After hearing the evidence, the trial judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his or her name placed upon the ballot in question. The trial judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(6) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his or her absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate executive committee is entitled to proceed based upon their decision unless and until the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(7) The procedure set forth in this section shall be the sole and only manner in which the qualifications of a candidate seeking public office as a party nominee may be challenged prior to the time of his or her nomination or election. After a party nominee has been elected to public office, the election may be challenged as otherwise provided by law. After a party nominee assumes an elective office, his or her qualifications to hold that office may be contested as otherwise provided by law.
SECTION 14. Section 23-15-963, Mississippi Code of 1972, is amended as follows:
23-15-963. (1) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-359, Mississippi Code of 1972, or who has been declared a party's nominee either as the result of having been unopposed in the primary or the winning candidate of the party's primary election, as a candidate for any office elected at a general election, shall file a petition specifically setting forth the grounds of the challenge not later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-191, Mississippi Code of 1972. Such petition shall be filed with the same body with whom the candidate in question qualified pursuant to Section 23-15-359, Mississippi Code of 1972, or with the election commission with which the party executive committee filed notice of their party's nomination of the candidate.
(2) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-213, Mississippi Code of 1972, as a candidate for county election commissioner elected at a general election, shall file a petition specifically setting forth the grounds of the challenge no later than sixty (60) days prior to the general election. Such petition shall be filed with the county board of supervisors, being the same body with whom the candidate in question qualified pursuant to Section 23-15-213, Mississippi Code of 1972.
(3) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-361, Mississippi Code of 1972, as a candidate for municipal office elected on the date designated by law for regular municipal elections, shall file a petition specifically setting forth the grounds of the challenge no later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-309, Mississippi Code of 1972. Such petition shall be filed with the municipal commissioners of election, being the same body with whom the candidate in question qualified pursuant to Section 23-15-361, Mississippi Code of 1972.
(4) Within ten (10) days of receipt of the petition described in subsections (1), (2) and (3) of this section, the appropriate election officials shall meet and rule upon the petition. At least two (2) days before the hearing to consider the petition, the appropriate election officials shall give notice to both the petitioner and the contested candidate of the time and place of the hearing on the petition. Each party shall be given an opportunity to be heard at such meeting and present evidence in support of his position.
(5) If the appropriate election officials fail to rule upon the petition within the time required above, such inaction shall be interpreted as a denial of the request for relief contained in the petition.
(6) Any party aggrieved by the action or inaction of the appropriate election officials may file a petition for judicial review to the circuit court of the county in which the election officials whose decision is being reviewed sits. Such petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate election officials. Such person filing for judicial review shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case his or her petition be dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent stage of the proceedings.
(7) The circuit court with whom such a petition for judicial review has been filed shall at the earliest possible date set the matter for hearing. Notice shall be given to the interested parties of the time set for hearing by the circuit clerk. The hearing before the circuit court shall be de novo. The matter shall be tried to the circuit judge, without a jury. After hearing the evidence, the circuit judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his or her name placed upon the ballot in question. The circuit judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(8) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his or her absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate election officials are entitled to proceed based upon their decision unless and until the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(9) The procedure set forth above shall be the sole and only manner in which the qualifications of a candidate seeking public office who qualified pursuant to the provisions of Sections 23-15-359, 23-15-213 and 23-15-361, Mississippi Code of 1972, may be challenged prior to the time of his or her election. After any such person has been elected to public office, the election may be challenged as otherwise provided by law. After any person assumes an elective office, his or her qualifications to hold that office may be contested as otherwise provided by law.
SECTION 15. This act shall take effect and be in force from and after July 1, 2024.